Sony and Gwendolyn A. Jean Baptiste - Page 3




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          trailer, he would pay around $125.  Since petitioner was paid per           
          load, he hired the lumpers so he could unload quickly and then              
          call dispatch at Ortega to see if there were more loads to be               
          picked up.  Petitioner paid for the fuel for the truck, for which           
          he was not reimbursed.                                                      
               When hired by Ortega, petitioner was told that a portion of            
          petitioner’s earnings would be placed in an escrow account, and             
          after 2 years of employment that account would be paid to                   
          petitioner.  Mr. Ortega also allegedly told petitioner that                 
          income taxes would be withheld from his earnings.                           
               Petitioner was paid weekly, and with every paycheck                    
          petitioner would receive a computer printout detailing the number           
          of “dispatches” he had, the total dispatch earnings (earnings of            
          both the truck and the driver), and the driver earnings.  The               
          printout also detailed the escrow amounts that were being                   
          withheld from petitioner’s earnings along with other deductions             
          such as amounts for “company advances”.  The latter were                    
          repayments of amounts that were lent to petitioner to cover his             
          lumper costs.  Escrow amounts and repayments were deducted from             
          the driver’s gross to determine take home pay.  If petitioner did           
          not have enough earnings to cover the advances, they would be               
          carried over to the next pay period.                                        
               For example, for the week ending March 5, 1994, the total              
          dispatch earnings were $1,835, and the gross driver earnings were           
          $1,152.  From the driver gross of $1,152, $120 is deducted for              
          advances (which consists of two $60 advances), and $200 is                  


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